Ohio Board of Professional Conduct Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Ohio Board of Professional Conduct, with full citations and source links on every page.
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Must an Ohio judge recuse when a lawyer appearing before them is the judge's campaign opponent?
No, not automatically. A judge need not recuse merely because a lawyer before the judge is the judge's current or former campaign opponent; recusal is required only if, on the facts, the judge's impar…
Must an Ohio judge recuse when a party's lawyer is also representing the judge in another matter?
Yes, absent a waiver. A judge must recuse from a case where a party is represented by a lawyer who is concurrently representing the judge in another matter, whether personal or official; the duty does…
Must an Ohio judge recuse when a lawyer employed by, associated with, or in partnership with the judge's spouse appears before the judge?
Not automatically. Disqualification depends case-by-case on whether the judge's impartiality might reasonably be questioned and whether the spouse has more than a de minimis interest that could be sub…
Is an Ohio mayor's court magistrate bound by the Code of Judicial Conduct, and can the magistrate run for partisan office or lead a political party?
No. The Board concludes that a mayor's court magistrate does not perform judicial functions 'within a court' as the Code's Application section uses that phrase, so the Code of Judicial Conduct does no…
Can a judge solicit local businesses to donate items used as rewards for a specialized-docket program?
No. A judge may not sign a letter soliciting businesses to donate items for a specialized docket, and may not direct court staff to solicit them, because a judge may not solicit contributions for a go…
Can an Ohio magistrate run for or serve on a school board, city council, or county board of commissioners?
No. A full-time or part-time magistrate may not run for or hold a nonjudicial elective office; the 'resign to run' rule and related duties bar holding the magistrate position and the elective office a…
Can a judge attend a law-enforcement training course that is open only to judges, prosecutors, and police?
No. The opinion concludes a judge should not attend a training course offered by a law enforcement agency and open exclusively to judges, prosecutors, and law enforcement, because it threatens the jud…
Can an Ohio judge serve on a political party executive committee, lead a party club, or sit on a county board of elections?
No. A judicial officer may not serve on a state or county party executive committee, should not lead a political party club, and may not sit on a county board of elections, because each role conflicts…
When may an Ohio judge write a letter of recommendation, and can the judge use court letterhead?
A judge may write a letter of recommendation only when it is based on the judge's firsthand personal knowledge of the individual, and may use court letterhead in that case; without personal knowledge,…
Can an Ohio judge teach a course or give a speech, and accept pay or expense reimbursement for it?
The opinion concludes a judge may teach a course or CLE and accept compensation and expense reimbursement, and may give a speech with expense reimbursement but not compensation, because the Ohio Ethic…
Can a new judge accept outstanding fees from a former law firm, and must the judge recuse from cases where that firm appears?
The opinion concludes a judge may accept fees earned for legal services performed before taking office, but must recuse from cases in which the former firm appears while the judge is receiving or anti…
Can a municipal judge serve on the board of a nonprofit that provides services to the judge's court under a grant contract with the court's funding authority?
The opinion concludes a judge may not serve as a member or officer of a nonprofit board when the nonprofit provides services to the court under a contract with the court's funding authority. The Ohio …
Can a probate court magistrate also serve as an eldercare coordinator for the same court?
The opinion concludes that a probate court magistrate may not also serve as an eldercare coordinator for the same court. Eldercare coordination is an extrajudicial activity not authorized by law, it e…
What political and campaign activities can an Ohio court magistrate take part in, and can a magistrate help the appointing judge's reelection?
The opinion concluded that magistrates are judicial officers subject to the Code of Judicial Conduct, so a magistrate may not contribute to the campaign committee of a judicial candidate seeking the s…
Can an Ohio court set up and fund a self-help clinic staffed by appointed lawyers for self-represented litigants, and what duties do those lawyers owe?
The opinion concluded that a court may establish and fund a self-help center and appoint and compensate lawyers to give limited scope assistance to self-represented litigants, as long as the court kee…
Can a court hire someone who also works for a nonprofit treatment center under contract with the court, and can court staff fundraise for that nonprofit?
The opinion concluded that, under the Ohio Ethics Law, a court may not employ a person simultaneously employed by a nonprofit drug treatment center that contracts with the court, unless a statutory ex…
When must an Ohio judge report another judge's or a lawyer's misconduct, and does reporting a lawyer require the judge to recuse?
The opinion concluded that under Jud. Cond. R. 2.15 a judge with knowledge that another judge or a lawyer committed a violation raising a question about honesty, trustworthiness, or fitness must repor…
Can an Ohio judge refuse to perform same-sex marriages while still performing opposite-sex ones?
The opinion concluded that a judge who performs civil marriages may not refuse to marry same-sex couples while continuing to marry opposite-sex couples, and may not stop performing all marriages in or…
Does an Ohio judge have to step aside from a case when one of the lawyers is working on the judge's election campaign?
The opinion concluded that a lawyer's mere participation in a judge's current election campaign does not require the judge to disqualify, but disqualification is warranted for at least the campaign fu…
Can a former judge in Ohio keep using the title 'Judge' or 'Honorable' after leaving the bench?
The opinion concluded that former judges generally may not use a judicial title while practicing law, providing law-related or other business services, working in government, or doing charity or commu…
Can an Ohio judge recommend or endorse a lawyer who is running for an elected office in a bar association?
The opinion concluded that a judge may not recommend or endorse a candidate for a bar association elective office. By providing such recommendations or endorsements, a judge abuses the prestige of jud…
Can an Ohio judge be social media 'friends' with a lawyer who appears before the judge?
The opinion concluded that a judge may be a social networking 'friend' with a lawyer who appears as counsel before the judge, but must use the site carefully to comply with the Ohio Code of Judicial C…
Can an Ohio judge let a sentenced offender make a charitable donation instead of performing a community service sanction?
The opinion concluded that, unless authorized by law, a judge should not grant an offender's request to fulfill a community service sanction by making a financial contribution to a charity. The Board …
Can an Ohio judge donate to a charity from personal or campaign funds and accept name recognition, in an election or non-election year?
The opinion concluded that a judge may make charitable contributions from personal or judicial campaign funds in an election or non-election year, and may receive name recognition (with or without the…
Can an Ohio judge thank jurors for their service by giving them a letter, certificate, or memento such as a bookmark imprinted with the judge's name and picture?
The opinion concluded that a judge may thank jurors by a verbal expression, a letter or certificate of appreciation, or a small but dignified memento such as a bookmark, which may carry the judge's na…
Could an Ohio judicial candidate say 'Democratic Party Endorsed' or 'Republican Party Endorsed' on campaign billboards and yard signs?
The opinion concluded that throughout a campaign a judicial candidate could truthfully state in person or in advertising that he or she was endorsed by or a nominee of a political party, provided the …
Can a newly appointed magistrate keep serving out a term as an elected city council member?
The opinion concluded that it was improper under the Ohio Code of Judicial Conduct for a newly appointed full-time or part-time domestic relations magistrate to continue serving out a term as an elect…
Can a juvenile court judge accept travel expenses or a meal paid for by a private placement facility that gets court placements?
The opinion concluded that a juvenile court judge or court staff may not accept travel expenses (travel, meals, lodging) or a gratuitous non-conference meal from a private placement facility that rece…
Can a full-time magistrate or judge moonlight as an independent contractor doing legal research for a legal publisher?
The opinion concluded that Jud. Cond. R. 3.11(B) bars a full-time magistrate (and judge) from serving as an independent contractor for any business entity unless an exception applies, and that none ap…
Can a new judge keep collecting accounts receivable and retirement benefits from a former law firm, and what disqualification follows?
The opinion concluded that a new judge may receive accounts receivable for legal work done before taking office and retirement benefits under a firm agreement, but must disqualify from any case in whi…
May a judge sit on the board of a nonprofit that contracts with the court and whose services defendants use to satisfy probation?
The opinion concluded that under the Ohio Code of Judicial Conduct (Canons 1 and 2(B)(1)) and Ohio Ethics Law (R.C. 2921.42(A)(4) and 102.03), a municipal court judge may not serve on the board of a n…
Can a probate judge teach a training course for county agency employees and accept pay for it?
The opinion concluded that a probate judge may teach a six-hour adult-protective-services course for county job and family services employees if it does not interfere with judicial duties, but should …
Can a judge or magistrate keep an active real estate salesperson license?
The opinion concluded that a full-time judge or full-time magistrate may not maintain or use an active real estate salesperson license, because affiliating with a broker and owing fiduciary duties to …
Can a retired judge who practices law also serve as a private judge under R.C. 2701.10?
The opinion concluded that, absent an express ethical or statutory restriction, a retired judge who practices law may also serve as a private judge under R.C. 2701.10, but to avoid an appearance of im…
In a county with more than one county court judge, can the law partners of a part-time judge appear before another county court judge?
The opinion concluded that in counties having more than one county court judge, it is proper for the law partners and associates of a county court judge to appear in county court before another county…
Can an association of court employees charge vendors for booths or let vendors sponsor meals at its educational conference?
The opinion concluded that an association of judicial employees may charge vendors a fee to set up a booth at its educational conference and may permit vendors to sponsor a meal, reception, or similar…
Can a judge ask local businesses to donate items used as rewards for defendants in a mental health court?
The opinion concluded that under Canon 1, 2, and 3(C)(1) a municipal court judge may not prepare and sign a letter asking local businesses to donate small items for use as rewards and incentives for m…
Can a part-time municipal court judge appoint their own son or daughter to serve as acting judge during a vacation?
The opinion concluded that it is improper under both the Ohio Code of Judicial Conduct and Ohio Ethics Law for a part-time municipal court judge to appoint a son or daughter as acting judge; the appoi…
Can a judge start and chair a court arts committee, work with a nonprofit arts foundation, and accept donated artwork for the courthouse?
The opinion concluded that a municipal court judge may establish and chair an arts committee to commission an artist and choose artwork for the court's historic building, may collaborate on the commit…
Can a court accept a donation of firearms from a company for use in court security?
The opinion concluded that under the Ohio Code of Judicial Conduct a municipal court judge should not accept a donation of ten carbines to the court's probation department for court security, because …
If a magistrate runs for judge and uses the title 'magistrate' in campaign materials, what must the materials say?
The opinion concluded that a magistrate running for judge who uses the title 'magistrate' in campaign materials must identify the court and division served; on signs or billboards, wording like 'Magis…
Can a magistrate serve on a board of education or county commissioners, or as a condominium association trustee?
The opinion concluded that under Canon 7(B)(4) a full- or part-time magistrate may not serve on, or run for, a board of education or a board of county commissioners (prospectively), but may serve unde…
Can a common pleas judge serve on the judicial corrections board of a community-based correctional facility?
The opinion concluded that under Canon 4(C)(2), Canon 2(B), and Canon 2(A) of the Ohio Code of Judicial Conduct, common pleas court judges should not serve on judicial corrections boards for community…
Can a magistrate running for judge use a robe photo and the title 'magistrate' in campaign materials, and how may campaign funds be used at political events?
The opinion concluded that a magistrate who is a judicial candidate may appear in a robe in campaign photos if accurately labeled, may use the title 'magistrate' as a listed contributor in a party din…
Can a judge be paid to referee youth soccer games, and does the judge have to report the fees?
The opinion concluded that it is proper for a judge to referee soccer games for a non-profit soccer organization and receive compensation, and that the judge must report referee fees as income on the …
Are the head and staff of a community-based correctional facility judicial officers or employees for purposes of Ohio Ethics Law?
The opinion concluded that the President/CEO and employees of Oriana House, which operates the Summit County community-based correctional facility, are not judicial officers, judicial employees, agent…
Can a magistrate campaign for the judge who appointed them, or solicit campaign funds for that judge's re-election?
The opinion concluded that under Canon 7(B)(2)(b) a magistrate may not engage in campaign activities (door-to-door canvassing, distributing literature, yard signs, phone banks) or solicit or receive c…
Can a court probation officer work part-time for a private for-profit drivers' intervention program that takes court referrals?
The opinion concluded that Ohio Ethics Law (R.C. 102.03(D) and (E)) prohibits a municipal-court probation officer from accepting private employment with a for-profit drivers' intervention program serv…
Can a judge serve as an appointed member of a government board like the Children's Trust Fund Board or a Family and Children First Council?
The opinion concluded that under Canon 4(C)(2) a judge should not serve as an appointed member of the Ohio Children's Trust Fund Board or a County Family and Children First Council, because each is a …
What may an Ohio judicial candidate say during a campaign without violating the judicial conduct rules?
The opinion set out guidelines, drawn from the mandatory requirements of Canon 7, on judicial campaign speech: a candidate may announce views on disputed legal or political issues and make truthful, s…
Can a judge publicly explain and comment on a proposed state constitutional amendment?
The opinion concluded that under Canon 2(A)(1) a judge may communicate to the public about a proposed state constitutional amendment, explaining it, comparing it to current law, and describing its pot…
Can an Ohio judge appear in a spouse's campaign literature or allow the spouse's campaign signs on jointly owned property?
The opinion concluded that under the former Ohio Code of Judicial Conduct a judge whose spouse is running for office may appear in the family picture and be listed by name (with or without the title '…
Can an Ohio judge or magistrate accept appointment as a trustee on the board of a county community college?
The opinion concluded that under the former Ohio Code of Judicial Conduct a judge or magistrate could not accept appointment as a trustee of a county community college, because Canon 4(C)(2) barred ap…
Can a full-time Ohio judge or magistrate run a side business, such as delivering newspapers or driving a delivery vehicle?
The opinion concluded that under the former Ohio Code of Judicial Conduct a full-time judge or magistrate could engage in outside business only within three narrow exceptions (managing family investme…
Can a judicial candidate's campaign committee accept contributions from the clerk of the common pleas court and the clerk's employees?
The opinion concluded that under the former Ohio Code of Judicial Conduct a common pleas judicial candidate's committee could accept contributions from the elected clerk of that court and the clerk's …
Can an Ohio judge accept an honorary country club membership, a round of golf, or a ticket to a sports event, and does the judge have to report it?
The opinion concluded that under the former Ohio Code of Judicial Conduct and Ohio Ethics Law a judge could accept these gifts only if the donor was not a party or interest before the judge, and that …
Can a judge or magistrate sit on a political party's executive committee or on a county board of elections?
The opinion concluded that it is improper under Canon 7(B)(2) for a full-time or part-time judge, a magistrate, or a judge pro tempore to serve on a state or county political-party executive committee…
When someone becomes a judicial candidate, can they wind down a prior nonjudicial campaign committee by giving the leftover funds to a party or other candidates?
The opinion concluded that the Code of Judicial Conduct does not bar a new judicial candidate from terminating a prior nonjudicial campaign committee by disbursing the leftover nonjudicial funds to a …
Must a sitting judge resign to seek appointment as county prosecutor, and what campaign activity is allowed?
The opinion concluded that a judge need not resign to be a candidate for appointment as prosecuting attorney, since the resign-to-run rule covers elections, not appointments; the judge may announce an…
Can a judge or hearing officer write a recommendation for a lawyer who appears before them to become a certified specialist?
The opinion concluded that a judge or attorney hearing officer may give a certifying agency a written recommendation for an applicant seeking attorney-specialist certification, even though the applica…
Browse Ohio Board of Professional Conduct opinions by topic
Legal ethics opinions from the Ohio Board of Professional Conduct interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.